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Ayah
Word by Word
يَٰٓأَيُّهَا
O you
ٱلَّذِينَ
who
ءَامَنُواْ
believe
شَهَٰدَةُ
(Take) testimony
بَيۡنِكُمۡ
among you
إِذَا
when
حَضَرَ
approaches
أَحَدَكُمُ
one of you
ٱلۡمَوۡتُ
[the] death
حِينَ
(at the) time (of making)
ٱلۡوَصِيَّةِ
[the] a will
ٱثۡنَانِ
two
ذَوَا
men
عَدۡلٖ
just
مِّنكُمۡ
among you
أَوۡ
or
ءَاخَرَانِ
two others
مِنۡ
from
غَيۡرِكُمۡ
other than you
إِنۡ
if
أَنتُمۡ
you
ضَرَبۡتُمۡ
(are) travel(ing)
فِي
in
ٱلۡأَرۡضِ
the earth
فَأَصَٰبَتۡكُم
then befalls you
مُّصِيبَةُ
calamity
ٱلۡمَوۡتِۚ
(of) [the] death
تَحۡبِسُونَهُمَا
Detain both of them
مِنۢ
from
بَعۡدِ
after
ٱلصَّلَوٰةِ
the prayer
فَيُقۡسِمَانِ
and let them both swear
بِٱللَّهِ
by Allah
إِنِ
if
ٱرۡتَبۡتُمۡ
you doubt
لَا
Not
نَشۡتَرِي
we will exchange
بِهِۦ
it for
ثَمَنٗا
a price
وَلَوۡ
even if
كَانَ
he is
ذَا
(of)
قُرۡبَىٰ
a near relative
وَلَا
and not
نَكۡتُمُ
we will conceal
شَهَٰدَةَ
testimony
ٱللَّهِ
(of) Allah
إِنَّآ
Indeed, we
إِذٗا
then
لَّمِنَ
(will) surely (be) of
ٱلۡأٓثِمِينَ
the sinners
يَٰٓأَيُّهَا
O you
ٱلَّذِينَ
who
ءَامَنُواْ
believe
شَهَٰدَةُ
(Take) testimony
بَيۡنِكُمۡ
among you
إِذَا
when
حَضَرَ
approaches
أَحَدَكُمُ
one of you
ٱلۡمَوۡتُ
[the] death
حِينَ
(at the) time (of making)
ٱلۡوَصِيَّةِ
[the] a will
ٱثۡنَانِ
two
ذَوَا
men
عَدۡلٖ
just
مِّنكُمۡ
among you
أَوۡ
or
ءَاخَرَانِ
two others
مِنۡ
from
غَيۡرِكُمۡ
other than you
إِنۡ
if
أَنتُمۡ
you
ضَرَبۡتُمۡ
(are) travel(ing)
فِي
in
ٱلۡأَرۡضِ
the earth
فَأَصَٰبَتۡكُم
then befalls you
مُّصِيبَةُ
calamity
ٱلۡمَوۡتِۚ
(of) [the] death
تَحۡبِسُونَهُمَا
Detain both of them
مِنۢ
from
بَعۡدِ
after
ٱلصَّلَوٰةِ
the prayer
فَيُقۡسِمَانِ
and let them both swear
بِٱللَّهِ
by Allah
إِنِ
if
ٱرۡتَبۡتُمۡ
you doubt
لَا
Not
نَشۡتَرِي
we will exchange
بِهِۦ
it for
ثَمَنٗا
a price
وَلَوۡ
even if
كَانَ
he is
ذَا
(of)
قُرۡبَىٰ
a near relative
وَلَا
and not
نَكۡتُمُ
we will conceal
شَهَٰدَةَ
testimony
ٱللَّهِ
(of) Allah
إِنَّآ
Indeed, we
إِذٗا
then
لَّمِنَ
(will) surely (be) of
ٱلۡأٓثِمِينَ
the sinners
Translation
O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest - [that of] two just men from among you or two others from outside if you are traveling through the land and the disaster of death should strike you. Detain them after the prayer and let them both swear by Allāh if you doubt [their testimony, saying], "We will not exchange it [i.e., our oath] for a price [i.e., worldly gain], even if he should be a near relative, and we will not withhold the testimony of [i.e., ordained by] Allāh. Indeed, we would then be of the sinful."
Tafsir
O you who believe, let testimony between you, when death, that is, [one of] its causes, draws near to one of you, at the time of a bequest, be that of two men of justice among you (ithnaani dhawaa 'adlin minkum, 'two men of justice among you', is the predicate expressed with the sense of an imperative, in other words, 'let [two men] bear witness . [etc.]'; the genitive annexation of shahaada, 'testimony', and bayn, 'between', is meant to allow for a range [of alternatives]; heen, 'at the time of', is a substitute for idhaa, 'when', or an adverbial qualifier of time for [the verb] hadara, 'draws near'); or of two others from another folk, that is, [from] other than your own religious community, if you are travelling in the land and the affliction of death befalls you. Then you shall empanel them, you shall detain them (tahbisoonahumaa, 'you shall empanel them', is an adjectival qualification of aakharaan, 'two others') after the, mid-afternoon, prayer and, if you are in doubt, [if] you are uncertain about it [their testimony], they shall swear by God, both of them saying: 'We will not sell it, [our testimony] in [swearing by] God, for any price, [for] any compensation that we might take in exchange for it from this world, neither by swearing by Him [falsely], nor by testifying falsely for the sake of that [price]; even if he, the person before whom it is being sworn or the one for whose sake testimony is being given, be a near kinsman, a close relative of ours, nor will we hide testimony to God, which He has commanded us [to give], for then, if we were to hide it, we would surely be among the sinful'.
Testimony of Two Just Witnesses for the Final Will and Testament
This honorable Ayah contains a glorious ruling from Allah.
Allah's statement,
يِا أَيُّهَا الَّذِينَ امَنُواْ شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ
O you who believe! When death approaches any of you, and you make a bequest, then take the testimony of two...
meaning that there should be two witnesses in such cases,
ذَوَا عَدْلٍ
just men...
thus, describing them as just,
مِّنكُمْ
of your own folk, (Muslims).
أَوْ اخَرَانِ مِنْ غَيْرِكُمْ
or two others from outside,
non-Muslims, meaning the People of the Book, according to Ibn Abbas as Ibn Abi Hatim recorded.
Allah said next,
إِنْ أَنتُمْ ضَرَبْتُمْ فِي الَارْضِ
if you are traveling through the land, (on a journey),
فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ
and the calamity of death befalls you.
These are two conditions that permit using non-Muslims from among the Dhimmis for witnesses when there are no Muslims present:
When one is traveling and needs to write a will, as Sharih Al-Qadi said. Ibn Jarir recorded that Sharih said,
The witness of the Jews and Christians is not allowed except while traveling, and even then only to witness the dictation of the will.
Allah's statement,
تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلَةِ
Detain them both after the Salah (the prayer),
According to Al-Awfi who reported it from Ibn Abbas,
refers to the `Asr prayer.
This is the same explanation reported from Sa`id bin Jubayr, Ibrahim An-Nakhai, Qatadah, Ikrimah and Muhammad bin Sirin.
As for Az-Zuhri, he said that;
they are detained after Muslim prayer (i.e., in congregation).
Therefore, these two witnesses will be detained after a congregational prayer,
فَيُقْسِمَانِ بِاللّهِ إِنِ ارْتَبْتُمْ
let them both swear by Allah if you are in doubt.
meaning, if you are in doubt that they might have committed treachery or theft, then they should swear by Allah,
لَا نَشْتَرِي بِهِ
We wish not in this,
According to Muqatil bin Hayyan,
in our vows.
ثَمَنًا
for any worldly gain,
of this soon to end life.
وَلَوْ كَانَ ذَا قُرْبَى
even though he be our near relative.
meaning, if the beneficiary be our near relative, we will still not compromise on the truth.
وَلَا نَكْتُمُ شَهَادَةَ اللّهِ
We shall not hide the testimony of Allah,
thus stating that the testimony is Allah's, as a way of respecting it and valuing its significance.
إِنَّا إِذًا لَّمِنَ الاثِمِينَ
for then indeed we should be of the sinful.
فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّا إِثْمًا فَأخَرَانِ يِقُومَانُ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الَاوْلَيَانِ
If it then becomes known that these two had been guilty of sin, let two others stand forth in their places, nearest in kin from among those who claim a lawful right.
فَيُقْسِمَانِ بِاللّهِ لَشَهَادَتُنَا أَحَقُّ مِن شَهَادَتِهِمَا
Let them swear by Allah (saying):We affirm that our testimony is truer than that of both of them...
Meaning, our testimony that they have cheated is more truthful than the testimony that they have offered,
وَمَا اعْتَدَيْنَا
and that we have not trespassed (the truth),
when we accused them of treachery,
إِنَّا إِذًا لَّمِنَ الظَّالِمِينَ
for then indeed we should be of the wrongdoers.
if we had lied about them.
This is the oath of the heirs, and preference is to be given to their saying. Just as in the case with the oath of relative of a murdered person if he attempts to tarnish the case of the murdered person. So his family takes an oath in defense of his honor. This is discussed in the studies of the oaths in the books of Ahkam.
Allah's statement
ذَلِكَ أَدْنَى أَن يَأْتُواْ بِالشَّهَادَةِ عَلَى وَجْهِهَا
That should make it closer (to the fact) that their testimony would be in its true nature and shape (and thus accepted),
means, the ruling requiring the two Dhimmi witnesses to swear, if there is a doubt that they were not truthful, might compel them to admit to the testimony in its true form.
Allah's statement,
أَوْ يَخَافُواْ أَن تُرَدَّ أَيْمَانٌ بَعْدَ أَيْمَانِهِمْ
or else they would fear that (other) oaths would be admitted after their oaths.
means, requiring them to swear by Allah might encourage them to admit to the true testimony because they respect swearing by Allah and they glorify and revere Him. They also fear exposure if the heirs of the deceased are required to swear instead of them. In this case, the heirs would swear and earn the rightful inheritance that the two witnesses failed to declare. This is why Allah said,
أَوْ يَخَافُواْ أَن تُرَدَّ أَيْمَانٌ بَعْدَ أَيْمَانِهِمْ
(or else they would fear that (other) oaths would be admitted after their oaths).
then,
وَاتَّقُوا اللّهَ
And have Taqwa of Allah,
in all of your affairs,
وَاسْمَعُواْ
and listen,
and obey,
وَاللّهُ لَا يَهْدِي الْقَوْمَ الْفَاسِقِينَ
And Allah guides not the rebellious people.
who do not obey Him or follow His Law.
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